Written by admin on . Posted in Civil Procedure, independent medical exams, Uncategorized.
Useful reasons for judgement were released today by the BC Supreme Court dealing with the records that need to be disclosed to opposing counsel following an Independent Medico-Legal Exam. In today’s case (Gulamani v. Chandra) the Plaintiff was involved in 2 motor vehicle accidents approximately one decade apart. In the course of the lawsuits she attended […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
In BC Lawsuits one of the primary goals of the Rules of Court is to require document disclosure to put the parties on a level playing field with respect to the facts and to prevent trial by ambush. Disclosure requirements, however, need to compete with the equally compelling doctrine of privilege which permits parties to […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
It is common for lawyers involved in personal injury claims to retain the services of expert witnesses. The most common expert witnesses are medical doctors but often engineers, economists, and other specialists are brought into the fray. Experts are typically retained to be involved in two common roles. The first role is to provide expert […]
Written by admin on . Posted in Civil Procedure, ICBC Privacy Issues.
I’ve written previously on BC Personal Injury Claims and Litigation Privilege and today reasons for judgment were released by the BC Supreme Court further considering this topic. In today’s case (Semkiw v. Wilkosz) the Plaintiff was the widow of a person who was allegedly killed as a pedestrian in a serious motor vehicle collision in […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
Reasons for judgement were released today by the BC Supreme Court ordering the production of certain documents that the defendants claimed were exempt from disclosure due to ‘litigation privilege.’ The Plaintiff suffered severe head injuries when struck as a pedestrian in 2006. In the course of her lawsuit her lawyer served the defendants with […]
Written by admin on . Posted in Civil Procedure, Uncategorized.
As an ICBC claims lawyer I find myself frequently traveling throughout BC representing clients involved in ICBC claims. This week I’m back in one of my favourite destinations (particularly this time of year), sunny Kelowna, BC. The lake, the heat, what’s not to love? I try to minimize the amount that travel interferes with business […]
Written by ERIK MAGRAKEN on . Posted in BC Civil Resolution Tribunal.
Reasons for judgement were published today by the BC Court of Appeal criticizing BC’s Civil Resolution Tribunal for an “unreasonable” and “flawed” analysis when reviewing a party’s request to be represented by a lawyer. In today’s case (The Owners, Strata Plan NW 2575 v. Booth) the owners of a strata unit filed a dispute against […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgment were published today by the BC Supreme Court, Vancouver Registry, holding that a Plaintiff’s surreptitious recording of defence medical exams are not admissible at trial. In today’s case (Cook v. Kang) the Plaintiff was injured in a collision and sued for damages. In the course of the lawsuit the defendant obtained a […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
When a lawyer changes firms clients usually have a choice of whether to stay with their present firm or follow their lawyer to the new firm. In the case of personal injury files prosecuted on a contingency basis there are often disbursements associated with the files. When a client wishes to follow their lawyer to […]
Written by ERIK MAGRAKEN on . Posted in Uncategorized.
Reasons for judgement were released today by the BC Supreme Court, Vancouver Registry, ordering that no surveillance evidence is to be used at a trial where the existence of that evidence was not adequately disclosed. In the recent case (Cavouras v. Moscrop) the Plaintiff was injured in a collision and sued for damages. ICBC, the […]